Appealing a Post-CDR Cessation of Benefits

Social Security Lawyers Guiding Residents of Massachusetts

For recipients of Social Security Disability Insurance (SSDI), continuing disability reviews (CDRs) are a reality of life. Every five to ten years, depending on the nature of the condition, a recipient can expect to learn that the Social Security Administration (SSA) will be reviewing his or her medical condition in order to determine whether a disability continues to exist. For most recipients, this procedural hurdle can be cumbersome but ultimately does not affect their benefits. For some, however, a CDR can unexpectedly result in a cessation of benefits, leaving a recipient scrambling for support. At Kantrovitz & Associates, P.C, our Social Security attorneys can assist individuals throughout Massachusetts in appealing a cessation of benefits after a CDR proceeding.

What Happens After a CDR?

If the SSA determines that you are no longer disabled after a CDR, you will be issued a notice of this determination and advised that your benefits will be ending. Generally, your benefits will not be terminated immediately, but instead you will be given a two-month period during which to appeal the CDR decision. A CDR appeal must be done in writing and should be made to your state disability determination office. In addition to appealing the CDR determination, you can also request that your benefits be continued while your appeal is pending. This is known as a request for continuation of benefits, and it must be filed within 10 days of learning that your benefits are to be terminated.

The Appeals Process

Much like when an initial application for disability benefits is denied, there are several levels of appeal available when benefits are denied after a CDR. The initial request for appeal is made to the applicant’s state disability review agency. At this level of appeal, the CDR determination will first be reviewed by an agency staff member. If the staff member does not believe that a reversal of the decision is warranted, the case will be passed along to a specially trained disability hearing officer, and a hearing will be conducted to review the CDR. At this time, the disability recipient will be given the opportunity to provide additional evidence about the reasons for benefits to continue.

Even if the disability hearing officer denies the appeal, the review process is not over. Instead, a recipient can continue to appeal, first to an administrative law judge, then to the SSA appeals council, and finally to federal court. At each level of appeal, the procedural requirements and documentation required can be complex. Thus, while a disability lawyer is generally recommended in the SSDI process, legal representation can be particularly important when navigating a CDR appeal.

If you have recently learned that your benefits are ending because a CDR determined that you are no longer disabled, it is important to know that this does not mean that you have permanently lost your right to benefits. If you are concerned about how the appeals process works or how to file an appeal in Massachusetts, the knowledgeable SSDI lawyers at Kantrovitz & Associates, P.C., are available to assist you. From our Boston offices, we represent claimants in Middlesex, Essex, Norfolk, Suffolk, and Plymouth Counties, as well as the Merrimack River area. Contact us at (800) 367-0871 or online for a free consultation.

We serve the following localities: Suffolk County including Boston, Jamaica Plain, and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Newton, Somerville, and Waltham; Norfolk County including Brookline; Essex County including Haverhill, Lawrence, and Salem; Worcester County including Fitchburg, Leominster, and Worcester; and Plymouth County including Brockton and Plymouth.